The future of surrogacy in New Zealand – Beyond the adoption model

Abstract

Surrogacy in New Zealand is treated as a form of adoption. ACART (2014) proposes that the Health Minister consider compensating women who act as surrogate mothers. We think this is a step in the right direction, but until the adoption model is abandoned surrogacy will not be a safe practice for New Zealanders. ACART’s consultation document does not address the issue of legal parenthood, but it is one that is intimately linked to the issue of compensation to surrogates because the Adoption Act (Section 25) prohibits payments in consideration of adoption. If, as we will argue below, surrogates deserve to be compensated for their labour, it is imperative that we acknowledge that the adoption framework is inappropriate in surrogacy.